Dear Member,

EPPF has committed to updating you whenever there are developments in the court matter involving Mr Brian Molefe.

For your context, the legal matter dates back to the 2022-23 financial year following the Pretoria High Court’s ruling that the former Eskom CEO, Mr Brian Molefe, has to refund the money paid to him by EPPF and to bear related legal costs. Mr Molefe was admitted as a member of EPPF in September 2015, on information submitted by Eskom, and was paid out by the Fund when he retired early. The High Court later ruled that Mr Molefe had been ineligible to receive a pension from EPPF because he had been a temporary or fixed-term employee. The court directed him to refund the benefit paid to him.

Mr Molefe’s subsequent appeals in the Supreme Court of Appeal and the Constitutional Court were unsuccessful. EPPF then applied for a High Court order directing him to repay the Fund. The court confirmed this obligation and awarded legal costs against him. It also ruled that EPPF must repay Eskom the money received from the utility to fund Mr Molefe’s early retirement. EPPF has complied with this ruling.

In February 2025, Mr Molefe appealed the Pretoria High Court’s decision about the amount that he needed to repay EPPF. While the court granted his appeal in July 2025, it was unequivocal in saying that Mr Molefe is indebted to EPPF. The court, in confirming Mr Molefe's indebtedness, referred the matter to another judge for EPPF’s legal team and Mr Molefe’s legal team to present evidence on the amount that he must repay the Fund. 

EPPF studied the judgment and elected to appeal to give effect to the Pretoria High Court’s decision about the amount that Mr Molefe needed to repay EPPF.  On 21 November 2025, the Supreme Court of Appeal dismissed the Fund's appeal. The next step for EPPF will be to petition the Supreme Court of Appeal again for the decision to be reconsidered. 

We’ll provide you with further updates as they become available. 

Kind regards

The EPPF Team